A trial in municipal court is fair, impartial, and public. Under Texas law, you can be brought to trial only after a sworn complaint is filed against you.
If you choose to have the case tried before a jury, you have the right to question jurors about their qualifications to hear your case. If you think that a juror will not be fair, impartial, or unbiased, you may ask the judge to excuse the juror. You are also permitted to strike three members of the jury panel for any reason you choose, except an illegal reason. If you need a continuance for your trial, a written request must be submitted to the court seven days prior to trial. The state will present its case first by calling witnesses to testify. You have the right to cross-examine and ask the witnesses questions about their testimony or any other facts relevant to the case. Your cross examination must be in the form of questions only.
After the prosecution has presented its case, you may present your case. You have the right to call any witness who may possess information about the incident. The state has the right to cross-examine any witness you call. If you so desire, you may testify in your own behalf. As a defendant, you cannot be compelled to testify by the state. The state has the right to cross-examine, should you choose to testify.
If the case is tried by the judge, the decision is called a judgment. If the case is tried by a jury, the decision is called a verdict. The judge or jury can consider only the testimony of witnesses and any evidence admitted during testimony of the trial. If either the judge or jury finds you guilty, the penalty will be announced at the conclusion of the trial. Unless you plan to appeal your case, you should be prepared to pay the fine at this time.
The fine amound assessed by the court is determined only by the facts and circumstances of the case. The maximum fine for most municipal court traffic violations is $200; for penal violations - $500; and for city ordinance violations - $2,000. In addition to the fine, court costs mandated by law will also be charged. These charges vary according to the type of violation. Court costs are assessed if you plead nolo contendere, or if your case is deferred for defensive driving or probation.
If you are found guilty, you may make an oral or written motion to the court for a new trial. The judge may grant a new trial if the judge is persuaded that justice has not been done in the trial of your case. You must file your request with the court within 24 hours.
Municipal court has jurisdiction over all juveniles (16 years or younger) charged with class C misdemeanor offenses. The state law requires that all juveniles are required to appear in open court for all proceedings involving their cases. The parent of any juvenile charged in municipal court is also required by law to be present in court with his or her child. Juveniles who fail to appear in court may have an additional charge of failure to appear filed against them. Juveniles who fail to appear or pay their fine will be reported to the Department of Public Safety who will suspend their driver license. If they do not have a driver license, they will not be able to obtain one until they appear in court. An attorney can represent a juvenile, but the juvenile and parent must also be in attendance.
The law requires that you appear in court or pay the fine on or before your appearance date. If you were issued a citation, your appearance date is 15 consecutive calendar days from the issuance of the citation. If you have been released on bond, your appearance date is set on the bond. You or your attorney may appear in person in open court or by mail. A telephone call does not consituate an appearance.